“Conflict over President Joe Biden’s immigration policy is complicating passage of a $10 billion coronavirus bill before a two-week congressional recess.
Just a day after Republican Sen. Mitt Romney and Majority Leader Chuck Schumer announced a deal on billions for therapeutics, vaccines and testing, GOP senators threw in a wrench that could mean Congress will break with nothing. Senate Republicans say they want a vote on an amendment that would keep in place the Title 42 border restrictions, which allows limits on immigration due to the pandemic. Without one, they say the bill can’t proceed.
Senate Minority Leader Mitch McConnell told reporters Tuesday that “there’s going to have to be an amendment on Title 42 in order to move the bill.” Without agreement among all 100 senators, the Senate will be unable to take up and quickly move the bill this week.”
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“The impasse could stall for weeks what Biden called much-needed coronavirus aid, unless senators can reach a deal before they plan to leave on Thursday or Friday. Without a breakthrough, the aid won’t be approved until late April or perhaps May. Republicans blocked a vote advance the bill on Tuesday, though Schumer can quickly bring it back up if there’s a deal on amendments.”
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“Democrats already think they’ve conceded plenty to the Republicans after Monday’s bipartisan agreement left out global vaccine funding. So there’s not a ton of enthusiasm for giving Republicans their immigration vote.”
“States have a range of laws about replacing a departed senator, but the large majority — 37 — call on the governor to pick a successor. Of those, only seven require the governor to pick someone in the same party. So there are 30 states where the governor can pick whatever new senator he or she wants.
What that adds up to, in practical terms, is that in nine states (as of Jan. 15), a Republican governor has the authority to replace either one or two Democratic senators. If a single Democratic senator in any of those states had to leave office, the Republican governor of that state could appoint a GOP replacement that would immediately give the party a 51-49 Senate majority.”
“”I believe that the threat to our democracy is so grave that we must find a way to pass these voting rights bills,” Biden said. “Debate them, vote, let the majority prevail. If that majority is blocked, then we have no choice but to change the Senate rules, including getting rid of the filibuster.”
Democrats hold the slimmest possible majority in the Senate, which is currently split 50–50 with Vice President Kamala Harris serving as a tiebreaker. But Senate Majority Leader Chuck Schumer (D–N.Y.) says he’s prepared to bring a pair of election bills to the floor in the coming weeks despite nearly unanimous Republican opposition. The Freedom to Vote Act would limit state-level efforts (led by Republicans) to restrict mail-in voting and absentee balloting, make Election Day a federal holiday, impose new rules for the redistricting process, and require more disclosures from political donors. The second bill, the John Lewis Voting Rights Advancement Act, would reimplement a portion of the 1965 Voting Rights Act that was invalidated by the U.S. Supreme Court in 2013.
On Tuesday, Biden positioned the two bills as a response to Republican efforts (in Georgia and elsewhere) to tighten election laws, and a necessary rejoinder to former President Donald Trump’s craven efforts (in Georgia and elsewhere) to influence the results of the 2020 election.
“That’s not America,” he said. “That’s what it looks like when they suppress the right to vote.”
Those Republican efforts to impose new rules on elections do indeed run the risk of corroding democracy, and Trump’s attempts to overturn the last presidential election were grotesque and condemnable. Even so, it’s not clear that the Democrats’ proposals make sense. If anything, greater federal control over elections might make it more likely that a future president could exercise undue influence over democratic proceedings.
But whether Democrats can pass those bills after suspending the filibuster might be a moot point because it doesn’t seem like there are 50 votes in the Senate for abolishing the filibuster in the first place.”
“Top Senate Democrats have long opposed a Russian natural gas pipeline that’s set to enrich Vladimir Putin. But those lawmakers are putting those concerns aside to back up President Joe Biden as he navigates increasingly precarious talks with Moscow.
Democrats have consistently supported sanctions on the Nord Stream 2 pipeline, arguing that the project will jeopardize Europe’s energy security and allow Putin to blackmail his enemies. But as the Senate prepares to vote next week on legislation from Sen. Ted Cruz (R-Texas) that would force Biden to impose those sanctions, Democrats on Wednesday signaled a significant shift in their posture.
The reason, Democrats say, is that they don’t want to undermine Biden while he engages with Russia over its military buildup on the border with Ukraine. As Putin flirts with an invasion of the U.S. ally, Democrats argued Cruz’s legislation would undercut Biden as he seeks to project unity with European allies — and would remove a key leverage point in the talks.”
“Cruz agreed to lift his holds on 32 nominees in exchange for the Senate voting in early January on his legislation to sanction the pipeline, which the U.S. opposes but decided not to sanction in order to preserve relations with Germany.
Cruz’s blockade, which began shortly after Biden took office, has stymied the Senate’s work on foreign policy nominations, drawing rebukes from Democrats who contend that Cruz was putting U.S. national security at risk.
“I think it’s perfectly reasonable for senators to try and get votes on policy issues that matter to them,” Sen. Chris Coons (D-Del.) said in a brief interview. “What I think is perfectly unreasonable is that there are holds on dozens of ambassadors and senior nominees by several Republican senators. We have to have a path towards confirming qualified nominees.””
“The West Virginia moderate said he can’t back the $1.7 trillion package. But Manchin has supported many of the bill’s individual policies, giving hope for Democratic leaders now plotting to get the centrist senator on board with a far slimmer proposal or spinning off other bills that include some of the package’s well-liked items.”
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“Extension of the beefed-up Child Tax Credit that Democrats pushed through in March, which many of them considered a landmark legislative achievement since taking control of the White House and Congress.
The huge expansion of the program, which benefits an estimated 61 million children, will expire at the end of the year unless Democrats find some way to keep it alive or revive it after it lapses. The IRS cut its final round of monthly checks for 2021 last week, sending about $16 billion to more than 36 million families.
The demise of the expansion would mean the end of payments for millions of children whose families would no longer qualify. The maximum credit would fall to $2,000 from $3,600, it would revert to a yearly benefit instead of a monthly payment and a work requirement for parents would be reinstated.”
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“Manchin wanted fewer upper-income households to qualify for the benefit and said the work requirement should be brought back. He also considered the one-year extension a budget gimmick because it was likely to be extended again later.
Many Democrats wanted to make the expansion permanent. But bowing to Manchin’s objection to the price of the overall spending package, they settled on a one-year extension in the House bill.”
“Democrats hold power in the House, Senate and White House for the first time in more than a decade, yet the high-profile defense bill got more GOP votes than from Biden’s own party. As progressive lawmakers made their dissatisfaction with the bill’s high price tag clear, centrist Democrats knew they needed Republican support to pass the House and Senate.”
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“Bipartisan provisions requiring women to register for the draft, cracking down on Saudi Arabia and imposing sanctions on Russia were nixed; legislation repealing outdated Iraq war authorizations fell by the wayside; reforms to the military justice system and efforts to combat extremism in the ranks were pared back; and a proposal to give Washington, D.C., control of its National Guard was dropped.”
“Democrats have a multi-pronged strategy for addressing drug prices in the Build Back Better Act. First, they would allow Medicare to negotiate with pharmaceutical manufacturers on the prices of a certain number of prescription drugs, something they have been promising to do for years. But Democrats also want to limit drug companies’ ability to hike the prices of their medications for everyone — regardless of what kind of health insurance they have — in the future.
To do that, Congress has proposed requiring drugmakers to pay rebates for any price increases, in either the Medicare health program or the commercial health plans that cover 180 million Americans.
But, as Politico reported this week, the plan to apply the inflation-indexed rebates to the commercial market could be in trouble.
Senate Republicans — at the urging of the drug industry — plan to challenge whether the rebates for commercial health plans are permissible in a bill passed through the budget reconciliation process.”
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“the Byrd Rule requires that all the provisions in a budget reconciliation bill directly change federal spending or revenue.
Republicans will argue that the purpose of the provision is to control drug prices for the private plans, full stop, and that does not have anything to do with federal spending or revenue — at least not directly.
The Democratic counterargument would be that applying these rebates to commercial plans would have a serious, more than incidental, effect on the federal budget. The federal government subsidizes almost all private insurance plans in one way or another, and so lower or higher costs for those plans could have major implications and lower costs for private health plans could also mean higher wages for workers, who would then pay more in taxes.
Who wins is likely ultimately a decision for the Senate parliamentarian.”
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“what would happen if the parliamentarian determines rebates covering commercial plans cannot be allowed under the Byrd Rule?
The big fear, voiced by advocates of the Democrats’ plan, is that drug companies would extract higher prices from the commercial market in order to make up for the revenue they would lose from Medicare once that program’s new price controls take effect.
According to several experts, that appears unlikely. Loren Adler, associate director of the USC-Brookings Schaeffer Initiative for Health Policy, covered why in a lengthy analysis published in September.
“Fundamentally, for this to occur, it would have to be the case that drug companies are benevolently choosing not to profit-maximize at present,” Adler told me this week, “which I find rather difficult to believe.””
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“Under the current plan, drugmakers would pay a rebate based on their sales volume in both the Medicare and commercial markets. In that scenario, there would be little reason to raise list prices faster than inflation, because you are paying the penalty based on the entire market.
But if those rebates can’t include the commercial market, the penalty will be based on the Medicare market only — making it a smaller price to pay if a company does decide to hike the list price of a drug at a rate higher than inflation.”